40D-4.042: Formal Determination of Wetlands and Other Surface Waters
PURPOSE AND EFFECT: The purpose and effect of the proposed rule revision is to provide entities with existing formal determinations that expire between September 1, 2008 and January 1, 2012 the option to renew the formal determination for a duration of two (2) years without a fee.
SUMMARY: District Rule 40D-4.042, Florida Administrative Code (F.A.C.), currently allows the renewal of existing formal determinations for a period of five (5) years at a reduced fee of Two Hundred Fifty ($250.00) dollars provided physical conditions on the property have not changed so as to alter the boundaries of wetlands and other surface waters. The entity requesting a renewal is also required to file its petition within 60 days prior to the existing determination’s expiration. The proposed revisions will provide an option to renew existing formal determinations that expire between September 1, 2008 and January 1, 2012 for a duration of two (2) years without a fee. The two (2) year renewal is also limited by the requirement that physical conditions on the property have not changed so as to alter the boundaries or wetlands and other surface waters and the requirement to file a petition for renewal within certain timeframes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.421(2) FS.
LAW IMPLEMENTED: 373.421(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Annette Zielinski, Senior Administrative Assistant, 2379 Broad Street, Brooksville, FL 34604, (352)796-7211, extension 4651, or Annette.Zielinski@watermatters.org
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-4.042 Formal Determination of Wetlands and Other Surface Waters.
(1) through (6) No change.
(7) A petition for a new formal determination for a property for which a formal determination already exists shall be issued for five years at require the reduced fee set forth in Rule 40D-1.607, F.A.C., provided:
(a) Physical conditions on the property have not changed so as to alter the boundaries of the wetlands and other surface waters during that period; and
(b) The petition is submitted within 60 days prior to the existing determination’s expiration.
(8) A petition for a new formal determination for a property for which a formal determination already exists and that has an expiration date between September 1, 2008 and December 31, 2009, may be submitted and shall be granted for a duration of two years without payment of a fee provided:
(a) The petitioner certifies that the physical conditions on the property have not changed, other than changes which have been authorized by a permit pursuant to Part IV of Chapter 373, F.S.; and
(b) The petition is received prior to December 31, 2009.
(9) A petition for a new formal determination for a property for which a formal determination already exists and that has an expiration date between December 31, 2009 and January 1, 2012, may be submitted and shall be granted for a duration of two years without payment of a fee provided:
(a) The petitioner certifies that the physical conditions on the property have not changed, other than changes which have been authorized by a permit pursuant to Part IV of Chapter 373, F.S.; and
(b) The petition is received within 60 days prior to the expiration of the existing determination.
(10)(8) Pursuant to Section 373.421(4), F.S., the Governing Board may revoke the formal wetland determination upon a finding that the petitioner has submitted inaccurate information to the District.
Rulemaking Authority 373.044, 373.113, 373.421(2) FS. Law Implemented 373.421(2) FS. History–New 10-3-95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02, 2-27-03, 8-30-09,________.